-
Recordkeeping, Reporting & Notices Advisor

The nature of your business or organization is: State or local government

Your establishment is located in: Pennsylvania

Based on the information you provided in response to
the questions in the Advisor, the following employment laws administered by
the Department of Labor (DOL) likely apply to your business or organization.
Please note that the Advisor covers only the
major employment laws administered by DOL. In addition, the Advisor does
not identify laws administered by other Federal agencies that might be
applicable to your business or organization. The recordkeeping, reporting
and notice requirements, if any, are provided for each of these laws.

In addition to posters of general application, certain organizations may be required to display
posters that can only be obtained from DOL's Office of Workers' Compensation Programs (OWCP).
More information on these posters is available. Links to Federal employment
posters are always available on the Poster Page.
Please note that some localities have workplace poster requirements, as do some other Federal agencies such as
the Department of Housing and Urban Development which requires
certain businesses to post its
Equal Housing Opportunity poster.

Thank you for using the Department of Labor's FirstStep Recordkeeping, Reporting and Notice Requirements Advisor.
If you need information on state recordkeeping, reporting and notice requirements, including state poster requirements,
please contact your state labor office.
For information on the Equal Employment Opportunity Commission's recordkeeping requirements, see
their recordkeeping and reporting Web page.
Please visit the FirstStep Employment Law Overview
Advisor if you are interested in all the provisions of a Federal employment law.

Title III of the Consumer Credit Protection Act (CCPA) limits the amount of an
individual's earnings that may be garnished for certain types of debts. It also
protects an employee from being fired because the employee's pay is garnished for
only one debt.

Title III is administered by the Wage and Hour Division
(WHD) of the Department of Labor. Questions over issues other than the amount being garnished or
termination should be referred to the court or agency initiating the withholding action.

There are no poster, notice, recordkeeping or reporting requirements under Title III of the Consumer Credit Protection Act.

DOL Contacts

The Employee Polygraph Protection Act of 1988 (EPPA) generally prevents
private sector employers from using
lie detector tests, either for pre-employment screening or during the course
of employment, with certain exceptions. Employers generally may not require or
request any employee or job applicant to take a lie detector test, or discharge,
discipline, or discriminate against an employee or job applicant for refusing to
take a test or for exercising other rights under the Act.

EPPA excludes Federal, state and local government agencies from the Act's
coverage, with respect to public employees. Lie detector tests may also be
administered by the Federal Government to employees of Federal contractors
engaged in national security intelligence or counterintelligence functions.

EPPA includes limited exemptions that allow for the administration of
polygraph tests (but no other lie detector tests) by private sector employers:

Subject to restrictions, the Act permits polygraph (a type of lie
detector) tests to be administered to certain job applicants of security
service firms (armored car, alarm, and guard) and of pharmaceutical
manufacturers, distributors, and dispensers.

Subject to restrictions, the Act also permits polygraph testing of certain employees of private
firms who are reasonably suspected of involvement in a workplace
incident (theft, embezzlement, etc.) that resulted in specific economic
loss or injury to the employer.

Where polygraph examinations are permitted under the Act,
they are subject to strict standards concerning the conduct of the test,
including the pre-test, testing, and post-test phases of the examination.

Notices/Posters

Poster. Every employer subject to EPPA shall post and keep posted on
its premises a notice explaining the Act. The notice must be posted in a
prominent and conspicuous place in every establishment of the employer where it
can readily be observed by employees and applicants for employment. There is no
size requirement for the poster.

The EPPA poster is available in
English(http://www.dol.gov/whd/regs/compliance/posters/eppa.htm)
and
Spanish(http://www.dol.gov/whd/regs/compliance/posters/eppaspan.htm). Posting of the EPPA poster in Spanish is optional.

Notices. There are specific notices that must be given to examinees
and examiners in instances where polygraph tests are permitted:

When a polygraph test is administered pursuant to the economic loss or injury
exemption, the employer is required to provide the examinee with a statement
prior to the test, in a language understood by the examinee, which fully
explains the specific incident or activity being investigated and the basis for
testing particular employees. The statement must contain, at a minimum, the
following information:

An identification with particulars of the specific economic loss or
injury to the business of the employer

A description of the employee’s access to the property that is the
subject of the investigation

A detailed description of the basis of the employer’s reasonable
suspicion that the employee was involved in the incident or activity under
investigation

The signature of a person (other than the polygraph examiner)
authorized to legally bind the employer

Every employer who requests an employee or prospective employee to submit to
a polygraph examination pursuant to the ongoing investigation, drug
manufacturer, or security services EPPA exemptions must provide:

Reasonable written notice of the date, time, and place of the
examination and the examinee’s right to consult with legal counsel or an
employee representative before each phase of the test

Written notice of the nature and characteristics of the polygraph
instrument and examination

Extensive written notice explaining the examinee's rights,
including a list of prohibited questions and topics, the examinee's right to
terminate the examination, and the examinee's right to file a complaint with the
Department of Labor alleging violations of EPPA

Employers must also provide written notice to the examiner identifying the
persons to be examined.

Recordkeeping

In the limited instances where EPPA permits the administration of polygraph
tests, recordkeeping requirements apply both to employers and polygraph
examiners. Employers and polygraph examiners must retain required records for a
minimum of three years from the date the polygraph examination is conducted (or
from the date the examination is requested if no examination is conducted).

Employers investigating an economic loss or injury must maintain a copy of
the statement that sets forth the specific incident or activity under
investigation and the basis for testing that particular employee and proof of
service of that statement to the examinee.

Employers who manufacture, distribute, or dispense controlled substances must
maintain records specifically identifying the loss or injury in question and the
nature of the employee’s access to the person or property that is the subject of
the investigation.

Every employer who requests an employee or prospective employee to submit to
a polygraph examination pursuant to the ongoing investigation, drug
manufacturer, or security services EPPA exemptions must maintain:

A copy of the written statement that sets forth the time and place
of the examination and the examinee’s right to consult with counsel

A copy of the written notice provided by the employer to the
examiner identifying the persons to be examined

Copies of all opinions, reports, or other records furnished to the
employer by the examiner relating to such examinations

All polygraph examiners must maintain all opinions, reports, charts, written
questions, lists, and other records relating to polygraph tests of such persons,
as well as records of the number of examinations conducted during each day, and
the duration of each test period.

All exempt private sector employers and polygraph examiners retained to
administer examinations to persons identified by employers must keep the
required records safe and accessible at the place or places of employment or
business or at one or more established central recordkeeping offices where
employment or examination records are customarily maintained. If the records are
maintained at a central recordkeeping office, other than in the place or places
of employment or business, such records must be made available within 72 hours
following notice from the Secretary of Labor or an authorized representative
such as Wage and Hour Division personnel.

Reporting

There are no reporting requirements under EPPA.

Compliance Assistance Available

More detailed information, including copies of explanatory brochures and
regulatory and interpretative materials, may be obtained from a local
Wage and Hour office(http://www.dol.gov/whd/america2.htm).

The Department of Labor provides employers, workers, and others with clear
and easy-to-access information and assistance on how to comply with the Employee
Polygraph Protection Act. Compliance assistance material related to the Act, may be found on
the Employee
Polygraph Protection Act (EPPA) Fact Sheet(http://www.dol.gov/whd/regs/compliance/whdfs36.pdf).

DOL Contacts

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting full-time and part-time workers in the private sector and in Federal, state, and local governments. The FLSA requires employers to pay covered nonexempt employees a minimum wage of not less than $7.25 per hour. For more information, see the Wage and Hour Basic Information Fact Sheet.

Some employees are exempt from the FLSA’s overtime pay requirements or both the minimum wage and overtime pay requirements. Because exemptions are generally narrowly defined under the FLSA, an employer should carefully check the exact terms and conditions of any exemption that may be applicable. Detailed information is available from the local Wage and Hour Division office.

The Wage and Hour Division of the U.S. Department of Labor administers and enforces the FLSA with respect to private employment, state and local government employment, and Federal employees of the Library of Congress, U.S. Postal Service, Postal Rate Commission, and Tennessee Valley Authority. The U.S._Office_of_Personnel_Management administers the provisions of the FLSA with respect to any person employed by a Federal agency.

Every employer of employees subject to the FLSA’s minimum wage provisions
must post, and keep posted, a
notice(http://www.dol.gov/whd/regs/compliance/posters/flsa.htm)
explaining the Act in a conspicuous place in all of their establishments.
Although there is no size requirement for the poster, employees must be able to
readily read it. The FLSA poster is also available in
Spanish(http://www.dol.gov/whd/regs/compliance/posters/flsaspan.htm),
Chinese(http://www.dol.gov/whd/regs/compliance/posters/minwagecn.pdf),
Russian(http://www.dol.gov/whd/regs/compliance/posters/FLSAPosterRuss.pdf),
Thai,(http://www.dol.gov/whd/regs/compliance/posters/MinWageThai.pdf)Hmong,(http://www.dol.gov/whd/regs/compliance/posters/MinWageHmong.pdf)Vietnamese(http://www.dol.gov/whd/regs/compliance/posters/minwageViet.pdf), and
Korean(http://www.dol.gov/whd/regs/compliance/posters/minwageKorean.pdf).
There is no requirement to post the poster in languages other than
English(http://www.dol.gov/whd/regs/compliance/posters/flsa.htm).

Every employer covered by the FLSA must keep certain records for each of its covered employees. Employers must keep records on wages, hours, and other information as set forth in the Department of Labor's regulations. Most of this data is the type that employers generally maintain in ordinary business practice.

There is no required form for the records. However, the records must include accurate information about the employee and data about the hours worked and the wages earned. The following is a listing of the basic payroll records that an employer must maintain:

Employee's full name, as used for Social Security purposes, and on the same record, the employee's identifying symbol or number if such is used in place of name on any time, work, or payroll records

Address, including zip code

Birth date, if younger than 19

Sex and occupation

Time and day of week when employee's workweek begins

Total wages paid each pay period

Date of payment and the pay period covered by the payment

The following is a listing of some additional information that an employer must maintain unless the employee is an executive, administrative, or professional employee (including teachers and academic administrative personnel in elementary and secondary schools) or outside sales employee who is exempt from the Act’s minimum wage and overtime requirements:

Hours worked each day and total hours worked each workweek

Basis on which employee's wages are paid (e.g., "$9 per hour", "$440 a week", "piecework")

Regular hourly pay rate

Total daily or weekly straight-time earnings

Total overtime earnings for the workweek

All additions to or deductions from the employee's wages

For a full listing of the basic records that an employer must maintain, see the Wage and Hour Division Fact Sheet #21: Recordkeeping Requirements Under the FLSA. Employers are required to preserve for at least three years payroll records, collective bargaining agreements, and sales and purchase records. Records on which wage computations are based should be retained for two years. These include time cards and piecework tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages.

The FLSA does not contain any specific reporting requirements; however, the
above referenced records must be open for inspection by the Wage and Hour
Division's representatives, who may ask the employer to make extensions,
computations, or transcriptions. The records may be kept at the place of
employment or in a central records office.

Compliance Assistance Available

More detailed information about the FLSA, including copies of explanatory
brochures and regulatory and interpretative materials, is available on the
Wage and Hour Division's Web site(http://www.dol.gov/whd/), or
by contacting a local Wage and
Hour Division office(http://www.dol.gov/whd/america2.htm). Another compliance assistance resource, the elawsFair Labor Standards Act
Advisor(/elaws/flsa.htm), helps answers questions about workers and businesses that are
subject to the FLSA.

The Department of Labor provides employers, workers, and others with clear
and easy-to-access information and assistance on how to comply with the FLSA.
Among the many resources available are:

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting full-time and part-time workers in the private sector and in Federal, state, and local governments. For nonagricultural operations, the FLSA prohibits children under the age of 14 from performing most types of work, restricts the hours and types of jobs that children ages 14 to 16 can work, and forbids the employment of children under age 18 in certain jobs deemed "hazardous" by the Secretary of Labor. For agricultural operations, it prohibits the employment of most children under age 16 during school hours and in certain jobs deemed "hazardous" by the Secretary of Labor.

Section 14(b) of the FLSA authorizes certain types of employers to pay subminimum wages — wages less than the Federal minimum wage — to full-time students, but only after applying for and receiving a certificate from the Department of Labor.

A full-time student for purposes of this exception is an individual who:

Receives primarily daytime instruction at the physical location of a bona fide educational institution, in accordance with the institution’s accepted definition of a full-time student.

Retains that status during the student’s holiday recess, summer, and other vacations if local law requires attendance at the end of the vacation period. If attendance is not mandatory, full-time student status is determined by the student’s intention stated to the employer.

Has graduated from high school and informs the employer of plans to attend a college or university on a full-time basis at the end of the vacation period.

Full-time students may be employed under the subminimum (below minimum) wage provisions of Section 14(b) in retail or service establishments or in agriculture. An institution of higher education may also employ its full-time students at subminimum wages after making proper application. Such employment is permitted to the extent necessary so that employment opportunities for full-time students will not be curtailed.

Employers with proper certification must pay full-time students at least 85 percent of the applicable statutory minimum wage. There are restrictions of the number of hours that an individual full-time student may be employed at subminimum wages.

The Wage and Hour Division of the U.S. Department of Labor administers and enforces the FLSA with respect to private employment, state and local government employment, and Federal employees of the Library of Congress, U.S. Postal Service, Postal Rate Commission, and Tennessee Valley Authority.

Notices/Posters

Every employer of employees subject to the FLSA’s minimum wage provisions
must post, and keep posted, a
notice(http://www.dol.gov/whd/regs/compliance/posters/flsa.htm)
explaining the Act in a conspicuous place in all of their establishments.
Although there is no size requirement for the poster, employees must be able to
readily read it. The FLSA poster is also available in
Spanish(http://www.dol.gov/whd/regs/compliance/posters/flsaspan.htm),
Chinese(http://www.dol.gov/whd/regs/compliance/posters/minwagecn.pdf),
Russian(http://www.dol.gov/whd/regs/compliance/posters/FLSAPosterRuss.pdf),
Thai,(http://www.dol.gov/whd/regs/compliance/posters/MinWageThai.pdf)Hmong,(http://www.dol.gov/whd/regs/compliance/posters/MinWageHmong.pdf)Vietnamese(http://www.dol.gov/whd/regs/compliance/posters/minwageViet.pdf), and
Korean(http://www.dol.gov/whd/regs/compliance/posters/minwageKorean.pdf).
There is no requirement to post the poster in languages other than
English(http://www.dol.gov/whd/regs/compliance/posters/flsa.htm).

Recordkeeping

Every employer covered by the Fair Labor Standards Act (FLSA) must keep
certain records for each
covered(/elaws/whd/flsa/overtime/glossary.htm?wd=covered),
nonexempt(/elaws/whd/flsa/overtime/glossary.htm?wd=non_exempt) worker.

There is no required form for the records. However, the records must
include accurate information about the employee and data about the hours worked
and the wages earned. The following is a listing of the basic payroll records
that an employer must maintain:

Employee's full name, as used for Social Security purposes, and on
the same record, the employee's identifying symbol or number if such is used in
place of name on any time, work, or payroll records

Address, including zip code

Birth date, if younger than 19

Sex and occupation

Time and day of week when employee's workweek begins

Hours worked each day and total hours worked each workweek

Basis on which employee's wages are paid (e.g., "$9 per hour",
"$440 a week", "piecework")

Regular hourly pay rate

Total daily or weekly straight-time earnings

Total overtime earnings for the workweek

All additions to or deductions from the employee's wages

Total wages paid each pay period

Date of payment and the pay period covered by the payment

For a full listing of the basic records that an employer must maintain, see
the Wage and
Hour Division Fact Sheet #21: Recordkeeping Requirements under the FLSA(http://www.dol.gov/whd/regs/compliance/whdfs21.pdf).
Employers are required to preserve for at least three years payroll records,
collective bargaining agreements, and sales and purchase records. Records on
which wage computations are based should be retained for two years. These
include time cards and piecework tickets, wage rate tables, work and time
schedules, and records of additions to or deductions from wages.

Reporting

The FLSA does not contain any specific reporting requirements; however, the
above referenced records must be open for inspection by the Wage and Hour
Division's representatives, who may ask the employer to make extensions,
computations, or transcriptions. The records may be kept at the place of
employment or in a central records office.

Compliance Assistance Available

The Department of Labor provides employers, workers, and others with clear
and easy-to-access information and assistance on how to comply with the FLSA.
Among the many resources available are:

DOL Contacts

The Family and Medical Leave Act of 1993 (FMLA) provides a means for employees to balance their work and family responsibilities by taking unpaid, job-protected leave for certain family and medical reasons. The FMLA provides that eligible employees are entitled to:

Twelve workweeks of leave in a 12-month period for:

the birth of a child and to care for the newborn child within one year of birth;
the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;

to care for the employee’s spouse, child, or parent who has a serious health condition;

a serious health condition that makes the employee unable to perform the functions of his or her job; and

any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” and

Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the servicemember (Military Caregiver Leave).

The FMLA also requires that the employee's group health insurance coverage be maintained under the same terms and conditions during the leave as if the employee had not taken leave.

The Wage and Hour Division administers and enforces the FMLA for all private, state and local government employees, and some Federal employees. Most Federal and certain congressional employees are also covered by the law and are subject to the jurisdiction of the U.S. Office of Personnel Management or the Congress.

Notices/Posters

Poster. All covered employers are required to display and keep on
display a poster explaining the provisions of the FMLA and telling employees how
to file a complaint with the Wage and Hour Division of violations of the Act.
The poster must be displayed prominently where employees and applicants for
employment can see it .The poster and all the text must be large enough to be
easily read and contain fully legible text. Covered employers must display the
poster even if no employees are eligible for FMLA leave.

Where the employer’s workforce is comprised of a significant portion of
workers who are not literate in English, the employer is required to provide the
notice in a language in which the employees are literate. To meet the posting
requirements, employers may use the prototype poster prepared by the Department
or may use another format so long as the information provided includes, at a
minimum, all of the information contained in that notice. Electronic posting is
permitted as long as it meets all of the posting requirements.

The Department’s FMLA prototype poster is available in
English(http://www.dol.gov/whd/regs/compliance/posters/fmla.htm) and
Spanish(http://www.dol.gov/whd/regs/compliance/posters/fmlaspan.htm).

General notice. If a covered employer has any eligible employees, it
must also provide general notice to each employee by including the notice in
employee handbooks or other written guidance to employees concerning benefits or
leave rights if such written materials exist. If such written materials do not
exist, the employer may accomplish this by distributing a copy of the general
notice to each new employee upon hire. In either case, distribution may be
accomplished electronically.

An employer may duplicate the text of the Poster to meet this general notice
requirement, or may use another format so long as the information provided
includes, at a minimum, all of the information contained in that notice. Where
an employer’s workforce is comprised of a significant portion of workers who are
not literate in English, the employer must provide the general notice in a
language in which the employees are literate.

Eligibility notice. When an employee requests FMLA leave or the
employer acquires knowledge that an employee’s leave may be for an
FMLA-qualifying reason, the employer must notify the employee of the employee’s
eligibility to take FMLA leave within five business days, absent extenuating
circumstances. The eligibility notice must state whether the employee is
eligible for FMLA leave, and if the employee is not eligible, must state at
least one reason why the employee is not eligible.

The Department of Labor makes available a
Prototype Eligibility and
Rights and Responsibilities Notice(http://www.dol.gov/whd/forms/wh-381.pdf) (Form WH-381), which employers may adapt
as appropriate for their use to meet their eligibility and rights and
responsibilities (see below) notice requirements.

Rights and Responsibilities notice. Each time the eligibility notice
is provided, the employer is also required to provide a written notice detailing
the specific expectations and obligations of the employee and explaining any
consequences of a failure to meet these obligations. If leave has already begun,
the employer should mail the notice to the employee’s address of record. The
employer must translate this notice in any situation where it is obligated to
translate the general notice into a language in which employees are literate.
The written notice must also include information on:

Leave may be designated and counted against the employee’s annual FMLA
leave entitlement if it qualifies as FMLA leave

The applicable 12-month period for the FMLA entitlement

Requirements for the employee to furnish certification of a serious
health condition, serious injury or illness, or qualifying exigency arising out
of active duty or call to active duty status, and the consequences of failing to
do so

Employee’s right to substitute paid leave, whether the employer
will require the substitution of paid leave, the conditions related to any
substitution, and the employee’s entitlement to take unpaid FMLA leave if the
employee does not meet the conditions for paid leave

Requirement for the employee to make any premium payments to
maintain health benefits, the arrangements for making such payments, and the
possible consequences of the failure to make such payments on a timely basis

Employee’s status as a “key employee” and the potential consequence
that restoration may be denied following FMLA leave, explaining the conditions
required for such denial

Employee’s rights to maintenance of benefits during the FMLA leave
and to restoration to the same or an equivalent job upon return from leave

Employee’s potential liability for payment of health insurance
premiums paid by the employer during the employee’s unpaid FMLA leave if the
employee fails to return to work after taking FMLA leave

The specific notice may include other information such as whether the
employer will require periodic reports of the employee’s status and intent to
return to work, but is not required to do so. The notice of rights and
responsibilities may be accompanied by any required certification form.

If the specific information provided by the notice changes, the employer must
provide written notice referencing the prior notice and setting forth any of the
information that has changed. This notice of changes should be provided within
five business days of receipt of the employee's first notice of need for leave
subsequent to any change.

Designation notice. The employer is responsible in all circumstances
for designating leave as FMLA-qualifying and giving notice of the designation to
the employee. When the employer has enough information to determine whether the
leave is being taken for an FMLA-qualifying reason, such as after receiving a
certification, the employer must notify the employee whether the leave is
designated and will count as FMLA leave within five business days, absent
extenuating circumstances. Only one designation notice for each FMLA-qualifying
reason per applicable 12-month leave year is required. The employer must also
notify the employee if it determines that the leave is not FMLA-qualifying and
will not be designated as FMLA leave.

If the employer is requiring the employee to submit a fitness-for-duty
certification to be restored to his or her job, the employer must provide notice
of the requirement with the designation notice. If the employer will require
that the fitness-for-duty certification address the employee’s ability to
perform the essential functions of the employee’s position, the employer must
indicate so in the designation notice and include a list of the essential
functions. If the employer handbook or other written documents describing the
employer's leave policies clearly provide that a fitness-for-duty certification
will be required in specific circumstances, the employer is not required to
provide written notice of this requirement, but must provide at least oral
notice no later than at the time off the designation notice.

The designation notice must be in writing. The Department of Labor makes
available a prototype
Designation Notice(http://www.dol.gov/whd/forms/WH-382.pdf) (Form WH-382) for employer’s use. If the leave is not
designated as FMLA leave because it does not meet the requirements for FMLA
protection, the notice that the leave is not designated FMLA may be in the form
of a simple written statement. If the information provided by the employer to
the employee in the designation notice changes, the employer must provide
written notice of the change within five business days of receipt of the
employee’s first notice of need for leave subsequent to the change.

Additionally, the employer must notify the employee of the amount of leave
counted against his or her FMLA entitlement. If known at the time the leave is
designated, the employer must notify the employee of the number of hours, days,
or weeks that will be counted against the employee’s FMLA entitlement. If it is
not possible to provide the hours, days, or weeks that will be counted against
the entitlement (such as in the case of unforeseeable, intermittent leave), then
the employer must provide notice of the amount of leave counted against the FMLA
leave entitlement at the request of the employee, but no more often than once in
a 30-day period and only if leave was taken in that period. Notice of the amount
of leave taken may be oral, but if oral, must be confirmed in writing, generally
by no later than the following payday; such written notice may be in any form,
including a pay stub notation.

Recordkeeping

Employers are required to make, keep, and preserve records pertaining to
their obligations under FMLA in accordance with the recordkeeping requirements
of the Fair Labor Standards Act (FLSA). The FMLA does not require that employers
keep their records in any particular order or form, or revise their computerized
payroll or personnel records systems to comply.

Employers must keep the records for no less than three years and make them
available for inspection, copying, and transcription by Department of Labor
representatives upon request. Records kept in computer form must be made
available for transcription and copying.

Covered employers who have eligible employees must maintain records that must
disclose the following:

In addition, covered employers who have eligible employees must also maintain
records detailing:

Dates of FMLA leave taken by FMLA eligible employees. Leave must be
designated in records as FMLA leave, and may not include leave required under
state law or an employer plan which is not also covered by FMLA.

Hours of FMLA leave taken by FMLA eligible employees, if leave is
taken in increments of less than one full day

Copies of employee notices of leave furnished to the employer

Copies of all written notices given to employees as required under
FMLA

Records of disputes between the employer and the employee regarding
FMLA

Records and documents relating to medical certifications, re-certifications
or medical histories of employees or employees’ family members, created for
purposes of FMLA, are required to be maintained as confidential medical records
in separate files/records from the usual personnel files. If the Americans with
Disabilities Act (ADA) applies, then these records must comply with the ADA
confidentiality requirements. Supervisors and managers may be informed regarding
necessary restrictions on the work or duties of an employee and necessary
accommodations. First aid and safety personnel may be informed, where
appropriate, if the employee’s physical or medical condition might require
emergency treatment. Government officials investigating compliance must be
provided access to relevant information.

Reporting

There are no reporting requirements under FMLA.

Compliance Assistance Available

More detailed information, including copies of explanatory brochures, may be
obtained by contacting the local
Wage and Hour Division office(http://www.dol.gov/whd/america2.htm).
Compliance assistance information is also available from the
Wage and Hour Division's Web site(http://www.wagehour.dol.gov). For
additional assistance, contact the Wage and Hour Division at 1-866-4USWAGE
(1-866-487-9243).

The Department of Labor provides employers, workers, and others with clear
and easy-to-access information and assistance on how to comply with the Family
and Medical Leave Act. Among the many resources available are:

Family and Medical
Leave Act Advisor(/elaws/fmla.htm): This interactive Web-based tool provides general
information about application of the FMLA, including valid reasons for leave,
employee/employer notification responsibilities, and employee rights and
benefits.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members' reemployment
rights when returning from a period of service in the uniformed services,
including those called up from the reserves or National Guard, and prohibits
employer discrimination based on military service or obligation.

Notices/Posters

Employers are required to provide to persons covered by USERRA a notice of
the rights, benefits, and obligations of the employees and employers under
USERRA. To do this, employers may post the notice entitled
“Your Rights Under USERRA”
where employer notices are customarily placed, mail it,
or by distributing it via electronic mail. There is no size requirement for the
poster version of the notice.

Recordkeeping

There are no required records under USERRA.

Reporting

There are no required reports under USERRA.

Compliance Assistance Available

Compliance assistance information is available on the
VETS Web site(http://www.dol.gov/vets/). Specific compliance
assistance materials available include: the Department of Labor USERRA
regulations
(20 CFR Part 1002)(http://www.dol.gov/vets/regs/fedreg/final/2005023961.htm),
which implement the law for non-Federal employers; a
fact sheet(http://www.dol.gov/vets/programs/userra/userra_fs.htm)
about USERRA; and the
notice/poster(http://www.dol.gov/vets/programs/userra/poster.htm) to employees of their rights, benefits, and obligations under
USERRA. Copies of VETS
publications, or answers to questions about USERRA, may also be obtained from a
local VETS office(http://www.dol.gov/vets/aboutvets/nationaloffice.htm).

The Department of Labor provides employers, workers, and others with clear
and easy-to-access information and assistance on how to comply with the
Uniformed Services Employment and Reemployment Rights Act. Among the many
resources are Frequently
Asked Questions for Reservists being Called to Active Duty(http://www.dol.gov/ebsa/faqs/faq_911_2.html), explanatory
brochures, fact sheets, and regulatory and interpretive materials are
available.

The Occupational Safety and Health Act (OSH Act) and twenty-one other
statutes with whistleblower provisions protect workers against retaliation
for filing certain complaints with their employers, unions, the Occupational
Safety and Health Administration (OSHA), or other government agencies.
These protections cover complaints about workplace safety and health;
the environment; pipeline safety; aviation safety; nuclear safety;
asbestos in schools; corporate fraud; SEC rules or regulations; commercial
motor vehicle safety, health, or security; public transportation safety or
security; railroad safety or security; or fraud, waste, or abuse of public
funds intended to be used for public transportation or railroad safety or
security; as well as other related protected activities. Retaliation may
include employment termination or layoff, reductions in pay or hours, demotion,
discipline, blacklisting, denial of overtime or promotion, failure to hire or
rehire, or denial of benefits.

Notices/Posters

Posters. Although there is no specific Whistleblower Poster, the
Whistleblower Protection provisions have the following poster requirements under
the Occupational Safety and Health Act (OSH Act) and the Energy Reorganization
Act of 1974 (ERA):

All employers covered by the OSH Act are required to display
and keep displayed the OSHA “Job
Safety and Health: It’s the Law(http://www.osha.gov/Publications/poster.html)” poster. The poster is also available in
Spanish(http://www.osha.gov/Publications/osha3167.pdf). There is a
separate poster for
Federal agencies(http://www.osha.gov/Publications/fedposter.html). This poster informs employees of their right to file a
retaliation or discrimination complaint with OSHA for making safety and health
complaints or for exercising rights under the OSH Act.

The poster must be displayed in a conspicuous place where employees and
applicants for employment can see it. Reproductions or facsimiles of the poster
shall be at least 8 1/2 by 14 inches with 10 point type. Posting of the notice
in languages other than English is not required.

Compliance Assistance Available

The Department of Labor provides employers, workers, and
others with clear and easy-to-access information and assistance
on how to comply with the Whistleblower Protection provisions, including
OSHA’s Whistleblower Program Web site.

DOL Contacts

For questions on other DOL laws, please call DOL's
Toll-Free Help Line at 1-866-4-USA-DOL (1-866-487-2365). Live assistance is available in English
and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time.
Additional service is available in more than 140 languages through a translation
service.